Bill Text: IA HF148 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the criminal offense of invasion of privacy, providing penalties, and making penalties applicable. (See HF 526.)
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2017-03-27 - Withdrawn. H.J. 786. [HF148 Detail]
Download: Iowa-2017-HF148-Introduced.html
House File 148 - Introduced HOUSE FILE BY HEARTSILL A BILL FOR 1 An Act relating to the criminal offense of invasion of privacy, 2 providing penalties, and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1308YH (11) 87 jm/rh/rj PAG LIN 1 1 Section 1. Section 692A.102, subsection 1, paragraph b, 1 2 subparagraph (7), Code 2017, is amended to read as follows: 1 3 (7) Invasion of privacy== nudityin violation of section 1 4 709.21, subsection 4. 1 5 Sec. 2. Section 692A.126, subsection 1, Code 2017, is 1 6 amended by adding the following new paragraph: 1 7 NEW PARAGRAPH. w. Invasion of privacy in violation of 1 8 section 709.21, subsection 2 or 3. 1 9 Sec. 3. Section 709.21, Code 2017, is amended by striking 1 10 the section and inserting in lieu thereof the following: 1 11 709.21 Invasion of privacy. 1 12 1. As used in this section: 1 13 a. "Full or partial nudity" means the showing of any part 1 14 of the human genitals or pubic area or buttocks, or any part 1 15 of the nipple of the breast of a female, with less than fully 1 16 opaque covering. 1 17 b. "Photographs or films" means the making of any 1 18 photograph, motion picture film, videotape, or any other 1 19 recording or transmission of the image of a person. 1 20 c. "Sex act" means the same as defined in section 702.17. 1 21 d. "Visual depiction" means the same as defined in section 1 22 728.1. 1 23 2. A person who knowingly disseminates, publishes, 1 24 distributes, posts, or causes to be disseminated, published, 1 25 distributed, or posted, a visual depiction showing another 1 26 person in a state of full or partial nudity or engaged in a sex 1 27 act, without the consent of the other person, commits invasion 1 28 of privacy. 1 29 3. A person who knowingly creates a visual depiction of 1 30 another person in a state of full or partial nudity or engaged 1 31 in a sex act, if the other person does not consent or is 1 32 unable to consent to creation of the visual depiction, commits 1 33 invasion of privacy. 1 34 4. A person who knowingly views, photographs, or films 1 35 another person, for the purpose of arousing or gratifying the 2 1 sexual desire of any person, commits invasion of privacy if all 2 2 of the following apply: 2 3 a. The other person does not consent or is unable to consent 2 4 to being viewed, photographed, or filmed. 2 5 b. The other person is in a state of full or partial nudity. 2 6 c. The other person has a reasonable expectation of privacy 2 7 while in a state of full or partial nudity. 2 8 5. Subsections 2 and 3 do not apply to any of the following: 2 9 a. Visual depictions involving voluntary exposure by a 2 10 person in public or commercial settings. 2 11 b. Disclosures made in the public interest, including but 2 12 not limited to the reporting of unlawful conduct, or the lawful 2 13 and common practices of law enforcement, criminal reporting, 2 14 legal proceedings, or medical treatment. 2 15 6. A person who violates this section commits an aggravated 2 16 misdemeanor. 2 17 7. For purposes of determining whether a person should 2 18 register as a sex offender pursuant to the provisions of 2 19 chapter 692A for a violation of subsection 2 or 3, the fact 2 20 finder shall make a determination as provided in section 2 21 692A.126. 2 22 Sec. 4. Section 903B.2, Code 2017, is amended to read as 2 23 follows: 2 24 903B.2 Special sentence == class "D" felonies or 2 25 misdemeanors. 2 26AExcept as otherwise provided in this section, a person 2 27 convicted of a misdemeanor or a class "D" felony offense under 2 28 chapter 709, section 726.2, or section 728.12 shall also be 2 29 sentenced, in addition to any other punishment provided by law, 2 30 to a special sentence committing the person into the custody 2 31 of the director of the Iowa department of corrections for a 2 32 period of ten years, with eligibility for parole as provided in 2 33 chapter 906. For a person convicted of a violation of section 2 34 709.21, subsection 2 or 3, a sexual motivation determination 2 35 under section 692A.126 must be made in order for a person to 3 1 be sentenced to a special sentence. The board of parole shall 3 2 determine whether the person should be released on parole 3 3 or placed in a work release program. The special sentence 3 4 imposed under this section shall commence upon completion of 3 5 the sentence imposed under any applicable criminal sentencing 3 6 provisions for the underlying criminal offense and the person 3 7 shall begin the sentence under supervision as if on parole or 3 8 work release. The person shall be placed on the corrections 3 9 continuum in chapter 901B, and the terms and conditions of the 3 10 special sentence, including violations, shall be subject to 3 11 the same set of procedures set out in chapters 901B, 905, 906, 3 12 and 908, and rules adopted under those chapters for persons on 3 13 parole or work release. The revocation of release shall not be 3 14 for a period greater than two years upon any first revocation, 3 15 and five years upon any second or subsequent revocation. A 3 16 special sentence shall be considered a category "A" sentence 3 17 for purposes of calculating earned time under section 903A.2. 3 18 EXPLANATION 3 19 The inclusion of this explanation does not constitute agreement with 3 20 the explanation's substance by the members of the general assembly. 3 21 This bill relates to the criminal offense of invasion of 3 22 privacy, provides penalties, and makes penalties applicable. 3 23 Current law provides that a person commits the crime of 3 24 invasion of privacy, an aggravated misdemeanor, if the person 3 25 knowingly views, photographs, or films another person, for 3 26 the purpose of arousing or gratifying the sexual desire of 3 27 any person, if all of the following apply: the other person 3 28 does not consent or is unable to consent to being viewed, 3 29 photographed, or filmed; the other person is in a state of 3 30 full or partial nudity; and the other person has a reasonable 3 31 expectation of privacy while in a state of full or partial 3 32 nudity. Under the bill, the current law creating the criminal 3 33 offense of invasion of privacy is moved to Code section 3 34 709.21(4), but strikes the requirement that the prosecution 3 35 prove the victim did not have knowledge about being viewed, 4 1 photographed, or filmed. 4 2 The bill creates two additional invasion of privacy criminal 4 3 offenses in Code section 709.21(2) and (3). 4 4 New Code section 709.21(2) provides that a person who 4 5 knowingly disseminates, publishes, distributes, posts, or 4 6 causes to be disseminated, published, distributed, or posted, a 4 7 visual depiction showing another person in a state of full or 4 8 partial nudity or engaged in a sex act, without the consent of 4 9 the other person commits an invasion of privacy. 4 10 New Code section 709.21(3) provides that a person who 4 11 knowingly creates a visual depiction that shows another person 4 12 in a state of full or partial nudity or engaged in a sex act, 4 13 if the other person did not or was unable to consent to the 4 14 creation, commits invasion of privacy. 4 15 Current law and the bill define "full or partial nudity" to 4 16 mean the showing of any part of the human genitals or pubic 4 17 area or buttocks, or any part of the nipple of the breast of a 4 18 female, with less than fully opaque covering. 4 19 Current law and the bill define "photographs or films" 4 20 to mean the making of any photograph, motion picture film, 4 21 videotape, or any other recording or transmission of the image 4 22 of a person. 4 23 The bill defines "visual depiction" to mean the same as 4 24 defined under Code section 728.1. 4 25 A "sex act" is defined in Code section 702.17. 4 26 New Code section 709.21(2) and (3) do not apply to the 4 27 following: visual depictions involving voluntary exposure in 4 28 public or commercial settings; or to disclosures made in the 4 29 public interest, including but not limited to for the reporting 4 30 of unlawful conduct, or for the lawful and common practices 4 31 of law enforcement, criminal reporting, legal proceedings, or 4 32 medical treatment. 4 33 A person who violates the bill commits an aggravated 4 34 misdemeanor. An aggravated misdemeanor is punishable by 4 35 confinement for no more than two years and a fine of at least 5 1 $625 but not more than $6,250. 5 2 Under current law and the bill, a person convicted of 5 3 invasion of privacy in violation of Code section 709.21(4) 5 4 is required to register as a sex offender under Code chapter 5 5 692A. The bill provides that if a person commits invasion of 5 6 privacy in violation of the new Code section 709.21(2) or (3), 5 7 the person may be required to register as a sex offender if 5 8 the fact finder determines, beyond a reasonable doubt, that 5 9 the violation was sexually motivated pursuant to Code section 5 10 692A.126. 5 11 A person who commits invasion of privacy is also subject to 5 12 a special 10=year sentence, which may include parole, under 5 13 Code section 903B.2. A person convicted of a violation of Code 5 14 section 709.21(2) or (3) shall not be sentenced to a 10=year 5 15 special sentence unless sexual motivation under Code section 5 16 692A.126 is found. LSB 1308YH (11) 87 jm/rh/rj
